rcsd self review

Attachment 2

SELF REVIEW MONITORING PROTOCOL

SUSPENSION OF STUDENTS WITH DISABILITIES

School District: Rochester City School District

Form completed by: (Name/Title) Christopher Suriano, Executive Director of Specialized Services

Telephone/Email: (585) 262-8745 / [email protected]

Date review completed: April 24, 2014 to May 27, 2014

Check all that apply based on the State Education Department’s (SED) notification to the school district. If a school district is identified for both Indicators 4A, 4B and or Disproportionality by Race/Ethnicity, the same self review protocol is completed. However, the records reviewed must include students in the identified group which was the basis for the data findings.

Review required for significant discrepancy in the school district’s rate of long-term suspensions of students with disabilities as compared to other school districts. (Indicator 4A) (34 CFR §300.170)

Review required for significant discrepancy in the rate of long-term suspensions of students with disabilities by race/ethnicity. (Indicator 4B) (34 CFR §300.170)

Review required for disproportionality by race/ethnicity in the incidence, duration and type of disciplinary actions. (34 CFR §300.646(a)(3))

□ In-school suspensions for up to 10 days

□ In-school suspensions for greater than 10 days

□ Out-of-school suspensions for up to 10 days

Out-of-school suspensions for greater than 10 days

NYSED January 2013 – Suspension Self-Review Monitoring Protocol

Attachment 2

Names and titles of team members conducting the self-review:

Christopher Suriano, Executive Director of specialized Services Dave Passero, Director of Accountability and School Improvement,

Latoya Manon, Coordinating Administrator of Special Education Heather Malone, Coordinating Administrator of Special Education

Marcia Pease, Program Administrator Tanya Wilson, Principal School No. 29

Katy Weber, Special Education School Improvement Specialist

For reviews required for significant discrepancy and/or disproportionality by race/ethnicity, indicate the name(s) of community representative(s) from diverse racial and ethnic backgrounds.

Felix Jacobs

DIRECTIONS

This form establishes the protocol to conduct the self-review. The district must conduct a review of each area as identified on this protocol. Each page of the protocol provides the following information:

Area to be reviewed: The six areas that must be reviewed include:1. Individual Evaluations of Students with Disabilities2. Individualized Education Programs (IEPs)3. Behavioral Intervention Plans4. Manifestation Determinations5. General Procedures for Disciplinary Removals6. Interim Alternative Educational Settings and Instructional Services

Citation and Issue: Regulatory requirements that have been determined by SED to be most closely related to the area and suspensions of students with disabilities have been identified for review.

Documentation and Evidence: For each area, the protocol provides a specific list of documentation (information to look at) and evidence (information to look for) that must be considered in the district's review of its policies, procedures and practices in the identified area.


Attachment 2

Number and Percentage of Compliance Based on Record Reviews: Upon completion of the individual record reviews, document the number of student records found in compliance for each citation. In the next column, calculate the percentage of compliance based on record reviews (total number of records in compliance divided by the total number of records reviewed).

Determination of Compliance: Y (Yes) or N (No): A notation of Y indicates that the district is in compliance with the specific regulatory requirement. A notation of N indicates that the district is not in compliance with the regulatory requirement. The determination of compliance for some of the issues may be able to be made based solely on the review of individual student records. Instances of compliance noted for fewer than 100 percent of the records reviewed must be indicated as noncompliance. For other issues, the school district will need to consider other sources of documentation as indicated on the protocol. The team should carefully review all findings from all the documentation and evidence to make its determination of compliance for each citation.

Findings: This page is to be used by the school district to document the review team's findings and to identify any corrective actions necessary to correct identified compliance issues. The district should also note any improvement activities necessary in the identified area, whether related to a compliance finding or not, to address the school district's significant discrepancy in its rate of long-term suspensions of students with disabilities and/or disproportionality by race/ethnicity in disciplinary actions.

This form must be kept on file by the school district and is not submitted to SED unless requested.


Attachment 2

I. Individual Evaluations of Students with DisabilitiesThe district's evaluation policies, procedures and practices must be reviewed to determine if students with disabilities have received appropriate evaluations upon which to base positive behavioral supports and services that would prevent the behaviors from occurring.

Citation8 NYCRR Issue

Total # Records in Compliance (checked ‘yes’

or ‘N/A’)

Percentage in Compliance

(total # records in compliance

divided by total # of records

reviewed)

Determination of Compliance

Based on Record Review

and Other Findings

Y N§200.4(b)(1)(v) Functional behavioral assessments (FBAs) are conducted as

part of an individual evaluation of a student whose behavior impedes his or her learning or that of others.

12 40% X

§200.22(a)(1) FBAs are conducted when a decision is made to impose a suspension that constitutes a disciplinary change in placement1 and the manifestation team determines that the conduct subject to disciplinary action was a manifestation of the student’s disability (unless the school district conducted an FBA before the behavior that resulted in the change of placement occurred).

10 33% X

§200.1(r) FBA means the process of determining why a student engages in the behaviors that impede learning and how the student’s behavior relates to the environment. The FBA must include, but is not limited to the: identification of the problem behavior; definition of the behavior in concrete terms; identification of the contextual factors that contribute to

the behavior (including cognitive and affective factors); and

formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that serve to maintain it.

11 37% X

1 Disciplinary change in placement means a suspension or removal from a student’s current educational placement for more than 10 consecutive school days or a series of suspensions or removals that cumulate to more than 10 school days in a school year and constitutes a pattern pursuant to §201.2(e)(2).


Attachment 2

Documentation EvidenceLook at: A random sample of records of students with disabilities suspended

for 10 days or more FBAs Policies and procedures for initial evaluations and reevaluations

Look for evidence of: FBAs in student records FBAs conducted for initial evaluations and reevaluations FBAs conducted subsequent to 10 or more day suspensions FBA written reports include all components as defined in section

200.1(r) Consistent implementation across different race/ethnic groups

II. Individualized Education Programs (IEP)


Attachment 2The IEPs of students with disabilities suspended for 10 days or more must be reviewed to ensure they include positive behavioral supports and services a student with a disability needs to prevent the occurrence of a behavior.


Total # Records in Compliance

(checked ‘yes’ or ‘N/A’)




reviewed)


Based on Record Review and Other

Findings

Y N§200.22(b)(2) If a particular device or service, including an intervention,

accommodation or other program modification is needed to address a student’s behavior that impedes his or her learning or that of others, the IEP must so indicate. A student’s need for a behavioral intervention plan (BIP) must be documented on the IEP.

18 60% X

§200.4(e)(3) The school district must ensure that the recommendations of a student’s IEP, including changes made to the IEP after the annual review, are implemented.

24 80% X

§201.4(e) If the manifestation team determined the conduct in question was the direct result of the school district's failure to implement the IEP, the school district took immediate steps to remedy those deficiencies.

14 47% X

Documentation EvidenceLook at: Samples of IEPs of students with disabilities suspended for 10

days or more Student progress reports Committee on Special Education (CSE) meeting minutes

Look for evidence of: Behavioral needs documented in present levels of performance Annual goals to address behavior needs related to the disability Use of time out room documented in the IEP, if appropriate Documentation in the IEP of student's need for a BIP Consistency across race/ethnic groups


Attachment 2


Attachment 2III. Behavioral Intervention Plans

Policies, procedures and practices to develop and implement appropriate behavioral intervention plans (BIP) for students with disabilities must be reviewed to ensure the district is taking appropriate steps to prevent the reoccurrence of a student's behaviors.

Citation8NYCRR Issue


or ‘N/A’)




reviewed)



and Other Findings

Y N§201.2(a) BIPs are based on the results of the FBA and, at a minimum,

include: a description of the problem behavior; global and specific hypotheses as to why the problem

behavior occurs; and intervention strategies that include positive behavioral

supports and services to address the behavior.

13 43% X

§201.3 If the conduct resulting in the suspension is determined to be a manifestation of (related to) the student’s disability, the school district implemented a BIP for the student, or if a BIP had already been developed, reviewed the BIP and modified it as necessary to address the behavior.

16 53% X

§200.22(b)(5) The implementation of a student’s BIP includes regular progress monitoring of the frequency, duration and intensity of the behavioral interventions at scheduled intervals, as specified in the BIP and on the student’s IEP. The results of the progress monitoring are documented and reported to the student’s parents and to the CSE and are considered in any determination to revise a student’s BIP or IEP.

9 30% X

Documentation EvidenceLook at: Written behavioral intervention plans for a sample of students

suspended for more than 10 consecutive school days Classroom visitations (behavioral intervention plan implementation) Staff/parent interviews Student progress reports

Look for evidence of: BIPs that include the required components Staff informed of their responsibilities to implement IEPs Evidence of consistent implementation of behavioral plans Regular review, revision and progress monitoring of plans Documentation of student progress


Attachment 2


Attachment 2IV. Manifestation Determinations

The district's policies, procedures and practices relating to manifestation determinations (a review of the relationship of the student's conduct to the disability) must be made to ensure that students with disabilities are not suspended or removed for more than 10 consecutive school days in a school year or a series of suspensions or removals that cumulate to more than 10 school days in a school year and constitutes a pattern for behaviors related to their disabilities.


Total # Records in Compliance

(checked ‘yes’ or ‘N/A’)



divided by total # of records reviewed)



and Other Findings

Y N§201.4(a) A review of the relationship between the student’s disability and the

behavior subject to disciplinary action is conducted immediately, if possible, but in no case later than 10 days after a decision is made to impose a suspension that constitutes a disciplinary change in placement.

16 53% X

§201.4(c) The manifestation team reviews all relevant information in the student’s file, including the student’s IEP, any teacher observations and any relevant information provided by the parent.

22 73% X

§201.4(d)(1) The manifestation team determines that the student’s conduct is a manifestation of the student’s disability if the conduct in question: was caused by or had a direct and substantial relationship to

the student’s disability; or was the direct result of the school district’s failure to implement

the IEP.

16 53% X

§201.4(d)(2)(ii) If the manifestation team determines that the conduct was a manifestation of (related to) the student’s disability, the CSE returns the student to the placement from which the student was removed (except for a change in placement to an IAES for behavior involving serious bodily injury, weapons, illegal drugs or controlled substances).

21 70% X


Attachment 2

Documentation EvidenceLook at: Manifestation team minutes Parent notification letters, including references to dates (i.e., the

date of the superintendent’s decision to impose a suspension that constitutes a disciplinary change in placement and the date of the manifestation review)

Superintendent's hearing proceedings

Look for evidence of: Full team participation Decisions based on a review of relevant information Consistency in manifestation determination procedures among

students by race/ethnicity Manifestation reviews being conducted within the required timeline


Attachment 2V. General Procedures for Disciplinary Removals

The policies, procedures and practices of the school district must be reviewed to determine if the general procedures for disciplinary actions by school principals and superintendent’s hearings ensure that the procedural rights of students with disabilities under IDEA are protected.



or ‘N/A’)

Percentage in Compliance (total

# records in compliance




and Other Findings

Y N§201.7(a) The parent is notified and provided a copy of the procedural

safeguards notice no later than the date on which a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.

5 16% X

§201.7(b) The suspension or removal of students with disabilities does not exceed the amount of time that a nondisabled student would be subject to suspension for the same behavior.

30 100% X

§201.7(f) School personnel consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the school’s code of conduct.

10 33% X

§201.9(c)(2) If a manifestation team determines that the behavior is a manifestation of the student’s disability, the penalty phase of a superintendent’s hearing is dismissed, except where the student is placed in an interim alternative educational setting (IAES) for behavior involving serious bodily injury, weapons, illegal drugs or controlled substances.

20 67% X


Attachment 2

Documentation EvidenceLook at: Notification letters to parents for disciplinary actions Files of students with disabilities and nondisabled students Discipline files/suspension records Superintendent’s hearing records

Look for evidence of: Parents notified of meetings and their rights under IDEA Suspensions of students with disabilities that do not exceed the

amount of time nondisabled students would be subject to for the same behaviors

Unique needs of students with disabilities were considered in penalty determinations

Manifestation reviews are conducted prior to imposing a penalty of more than 10 days

Frequency and duration of suspensions are equitable by race/ethnicity


Attachment 2VI. Interim Alternative Educational Settings (IAES) and Instructional Services

The temporary educational settings where students with disabilities are removed and education services provided to such students must be reviewed to ensure that students with disabilities receive the instructional services to which they are entitled.



or ‘N/A’)

Percentage in Compliance (total

# records in compliance




and Other Findings

Y N§201.10(b) Students with disabilities of compulsory attendance age

are provided with alternative instruction for short-term suspensions (10 days or less in the school year) on the same basis as nondisabled students.

20 67% X

§201.2(k)(1) A student who is placed in an IAES must continue to receive educational services so as to: enable the student to continue to participate in the

general education curriculum, although in another setting; and

progress toward meeting the goals set out in the student’s IEP.

24 80% X

§201.2(k)(2) A student who is placed in an IAES must receive, as appropriate, an FBA and behavioral intervention services and modifications that are designed to address the violation so that it does not recur.

10 33% X

§201.10(c) During suspensions for periods of 10 school days (or less that total 10 or more school days) in a school year, but do not constitute a disciplinary change in placement, school personnel, in consultation with at least one of the student’s teachers, determine the extent to which services are needed.

27 90% X

§201.10(d) During suspensions or other disciplinary removals in excess of 10 school days in a school year which constitute a disciplinary change in placement, the IAES and services are determined by the CSE.

23 77% X


Attachment 2

Documentation EvidenceLook at: Student records Alternative instruction school records CSE minutes Suspension and Superintendent’s hearing records Student progress reports Prior written notice

Look for evidence of: Alternative instruction substantially equivalent in content to the

student’s program and sufficient to permit the student to complete required coursework

Appropriate IAES placements Length of removal considered in the CSE determination of IAES

and type and extent to which instructional services are provided Students receiving appropriate content area instruction Students receiving IEP services and modifications to progress

toward goals Student progress reports reflect progress during periods of

suspension Consistent implementation by race/ethnicity; disability categories Prior written includes the setting for the IAES and the special

education services that are to be provided to the student in the IAES


rcsd self review

Documents